Before providing medical treatment, healthcare professionals need to get your informed consent. Without this, you may not fully understand the risks of treatment, meaning you may have grounds to sue for medical malpractice.
What Is Informed Consent?
Informed consent is the process through which a patient voluntarily agrees to a proposed medical treatment or procedure after being informed of all relevant aspects, including risks, benefits, alternatives, and potential consequences.
Lack of informed consent occurs when a patient has not been adequately informed or their agreement to treatment is not voluntary or fully comprehended.
Why Is Informed Consent Required?
Informed consent is crucial as it respects patient autonomy, ensuring you have the right to make informed decisions about your own body and medical treatments. This empowerment fosters a sense of control and responsibility in patients, making them active participants in their healthcare.
How to Obtain Informed Consent
In order to get informed consent from you, your healthcare team must provide:
An Explanation of the Procedure or Treatment
- Description: Clearly explain the medical procedure or treatment, including its nature and purpose.
- Steps Involved: Outline the specific steps that will be taken during the procedure or treatment.
The Risks and Benefits
- Potential Risks: Detail the possible risks, side effects, and complications associated with the procedure or treatment.
- Expected Benefits: Explain the potential benefits and positive outcomes of the procedure or treatment.
Any Potential Alternatives
- Alternative Treatments: Provide information on any alternative treatments or procedures that are available.
- Comparison of Risks and Benefits: Compare the risks and benefits of the proposed treatment with those of the alternatives.
Your Prognosis
- Without Treatment: Explain the likely outcome if you choose not to undergo the procedure or treatment.
- With Treatment: Describe the expected prognosis with the treatment, including both short-term and long-term outcomes.
Answers to Your Questions and Concerns
- Encouraging Questions: They should encourage you to ask questions and express any concerns you may have.
- Clear Answers: They should also provide clear, honest, and understandable answers to your questions.
When Is Informed Consent Not Needed?
Informed consent may not be required in emergency situations where immediate medical intervention is necessary to prevent serious harm or death, and you’re unable to provide consent. In such cases, implied consent is assumed, as it is believed that a reasonable person would consent to emergency treatment if they could. Additionally, if a patient lacks the capacity to understand due to mental illness, cognitive impairment, or unconsciousness, consent may be obtained from a legally authorized representative, such as a family member or legal guardian.
Causes of Lack of Informed Consent
Lack of informed consent can occur for a number of reasons, including:
- Inadequate Information: Failure to provide sufficient or understandable information about the procedure or treatment.
- Miscommunication or Misunderstanding: Use of overly technical language, lack of translation services, or cultural barriers.
- Pressure or Coercion: Patients feeling pressured by healthcare providers or family members to consent.
- Vulnerability: Patients who are minors, mentally incapacitated, or otherwise unable to fully comprehend or voluntarily consent.
Call a Med Mal Lawyer at Clifford Law Today
If you or a loved one has been harmed due to a lack of informed consent, it is crucial to understand your rights and explore your options. At Clifford Law, we are dedicated to helping victims of medical negligence and malpractice. Our experienced team of Chicago med mal lawyers offer compassionate support and expert advice to ensure you get the justice you deserve.
Contact Clifford Law today at (312) 899-9090 or use our online contact form to schedule a free, no-obligation consultation. Our knowledgeable attorneys will discuss your case, answer your questions, and help you understand the best course of action moving forward. Don’t wait – take the first step towards securing your rights and obtaining the compensation you need. Reach out to Clifford Law now, and let us fight for you.
